Transforming Public Procurement - August 2023 Update

Welcome to the latest update on the Transforming Public Procurement programme - shared with HEPA members on behalf of the Cabinet Office...

Bill progress

The Procurement Bill cleared Commons Report and Third Reading stages in June and will progress to ‘consideration of amendments’ (or ‘ping-pong’) in the House of Lords which has been scheduled for 11th September 2023. Key issues raised at Report stage included national security and surveillance equipment, modern slavery and human rights, organ harvesting, tax transparency, direct award, workers rights, and NHS procurement. There were divisions on four amendments, with the Government winning all four.
Once both Houses of Parliament reach agreement the Bill will then proceed to Royal Assent.
You can view the Hansard records of all stages of the Bill’s progress, the current version of the Bill, and list of Commons amendments here.

Learning & development materials launch dates

Following the previous update outlining the plan for an October 2024 commencement for the new regime, Cabinet Office are really pleased to advise the dates that they intend to launch the constituent elements of their L&D training package. These are:

• Knowledge Drops - on-demand video resources (approx 40 min) providing an overview of all of the changes. Aimed at everyone (including non commercial leaders, suppliers and others) who need a general level of awareness of the new rules. Launching November 2023
• Self guided e-Learning - this is the core L&D product and will be made available to all procurement/commercial staff in contracting authorities, giving a comprehensive grounding of knowledge and understanding of the new regime. It will comprise ten one-hour modules and conclude with a Skilled Practitioner Certification. Launching March 2024
• Advanced Course of Deep Dives - for a subset of those who complete the e-learning, a 3-day virtual course of interactive “deep dive” webinars led by subject matter experts, allowing a deeper insight across the full spectrum of the legislative change. Launching May 2024
• Communities of Practice - these communities will provide a system of collective critical inquiry and reflection into the regime changes. Supported by the central team and superusers, they will support individuals to embed what they have learned. Launching May 2024

For more information and details on the L&D package please read the dedicated L&D explainer.

Central Digital Platform

Cabinet Office are engaged with eProcurement systems providers to assist them in understanding the changes they will need to make to support the new noticing regime. Cabinet Office have recently released the first four notice types to the test environment and shared the supporting technical documentation.  This includes the following new notice types:

• Planned procurement notice - this will be used for above threshold procurements, giving suppliers advance notice of an upcoming procurement opportunity. If published between 40 days and a year ahead of the tender notice, this notice allows the contracting authority to reduce the tendering period (the length of time that suppliers have to submit tenders after the publication of the tender notice) from 25 days to 10 days. This is the equivalent of the current Prior Information Notice for reducing time limits.
• Tender notice - this notice advertises a competitive contract opportunity, giving suppliers information on what is being procured and the value, to enable them to decide whether to submit a tender. For below threshold procurement opportunities, there is a simplified Tender notice with a reduced set of fields. This is equivalent to the current Contract notice in Find a Tender and the Opportunity notice on Contracts Finder.
• Transparency notice - this notice advises the market that an above threshold direct award will be made, and what the justification is for that. 
• Contract award notice - this notice must be published after the decision has been made to award an above threshold contract but that contract has not yet been signed. This notice begins the standstill period, if it applies, during which any challenges to the award can be made. There is no current equivalent.
  

This will enable eProcurement system providers to start work to align their systems to the new regime, test the publication of these new notices in Find a Tender and provide useful feedback to the development team.  Cabinet Office anticipate releasing new content to the test environment on a quarterly basis thereafter.
Work continues to develop functionality to allow suppliers to submit their common data more efficiently and effectively when they bid for opportunities. We are currently working with suppliers, contracting authorities and e-procurement system providers to understand their requirements and will shortly start developing a prototype with them for further feedback. If you would like to be involved in this process, please contact us at procurement.reform@cabinetoffice.gov.uk

Part 2 Consultation on draft regulations to implement the Procurement Bill

Part 2 of the public consultation on the secondary legislation required to implement the new public procurement regime established by the Procurement Bill is now live.
This second part of the consultation focuses on the transparency provisions and notices that will be used by contracting authorities to fulfil their legal requirements under the Bill. It also includes information on the proposed approach to transitional arrangements for procurements already underway at the time that the new regime enters into force and the position on other legislation that will need to be amended in order for the full provisions of the Bill to take effect.
The consultation is being conducted online and you can find all relevant information, and the mechanism to respond, via our dedicated page on Gov.uk. The page contains the consultation document, the draft Statutory Instrument, and a link to the survey questionnaire for you to feed back views and comments. This second part of the consultation will close at 11:45pm on 25th August 2023.

Frequently Asked Questions

As part of a regular series, Cabinet Office answer some of the most frequently asked questions they are being asked by stakeholders at events and webinars. This month Cabinet Office are focussing on questions they have received relating to the proposed L&D package.
Will you publish instructions about how to access and book onto training courses?
Yes, we will publish a brochure prior to launch which will give full detailed instructions. In summary, Knowledge Drops will be hosted on Youtube and accessible through gov.uk, and the e-Learning and Advanced Course of Deep Dives will be available on demand from the Government Commercial College. If you don’t already have an account, we will advertise when is the best time to register for one.
Will training packs be provided to allow continued learning once a training programme concludes?
The e-Learning and Advanced courses will have downloadable learning materials. In addition, our Communities of Practice events will be designed to support wider training for those who are not attending the Advanced Course of Deep Dives.
Is training mandatory?
It will be for individual organisations to decide on their mandation policy but we recommend that all relevant commercial and procurement staff undertake and certificate from the e-Learning to demonstrate that they have been trained and are therefore equipped to operate under the new regime. Familiarity with the new regime will be an important asset to individuals and their organisations, and we would expect that procurement professionals will be keen to have this new credential in order to help unlock the benefits that the new regime will bring.
Will the e-learning modules be open for non-practitioners?
Yes, the e-Learning is available for non-practitioners - however, depending on the level of detail they need, the Knowledge Drops may be a more appropriate option. We are making changes to the Government Commercial College so all relevant contracting authorities will have access to the e-Learning modules.
Will there be a time frame to complete the L&D courses?
We intend all our L&D products to be accessible both online and ‘in the classroom’ until July 2025, and beyond that there will be downloadable and printable learning materials available online.

Opportunities to find out more

The Transforming Public Procurement landing page on Gov.uk is the repository for a range of information about the programme including a recording from our webinar series, details of our L&D package, and guidance documents to help planning and preparation, and outlining of the benefits of the new regime for suppliers.